FLOGGING ORDERED.

Taranaki Daily News, 11 August 1919, Page 7

FLOGGING ORDERED.

THE PETONE OUTRAGE. . FIFTEEN YEARS AND THE CAT. Roy Albert Delaney, who was convicted on Wednesday of the serious offence of committing rape on a little girl nine years of age at the Petono Recreation Ground on Saturday, July 12, "'as placed in-the dock on the Supreme Court on Wednesday morning for sentence by His Honor Mr. Justice Stringer. Mr. \V. Jackson, who appeared for the prisoner, said that he could only repeat what he had said the previous day that Delaney's character and reputation, both in liia military and civil life, had been of the best. He was now 2!i years of age, and when he first enlisted lie was very young- Before he went to the war he was fit mentally and physically, and there could be no question but that he was badly injured and suffered mentally and bodily, and his injuries were inflicted while he was performing the highest duties to his country. It was, indeed, sad to think that a young man like Delaney, who had possessed such a good character, should now find himself convicted of such a serious crime, and one could only think that he could not have been in a statu of mind to appreciate the responsibility of his actions. His military record would bear out the statement that he suffered from shell-shock. His Honor: 1 have examined his military record with Colonel Purdy, and his conduct was good; but T could And nothing in the records to show that lie has not been a perfectly normal being sineo 1917. There was not the slightest indication in the records to show that he was not a responsible being.

Mr. Jackson: He suffered from shellshock.

His Honor: The only shell-shock that he sustained was during the early part of his military service, and he bad perfectly recovered from that and went hack to the war. Mr. Jackson said shell-shock was a new thing, and possibly medical science had not had time to study its effects and peculiarities. It was not known how long it affected the individual. Counsel asked His Honor to give as much weight and consideration to the facts he had mentioned as it was possible to give. Ris Honor: There is no doubt that the prisoner's character has been good. Mr. Macftssey: That is so

His Honor, addressing Delaney, said: "Prisoner, you lmve been convicted, on the clearest and most convincing evidence, of a foul and horrible outrage on a young girl nine years of age. Your offence wag committed, not on a sudden impulse of obscene passion, but with premeditation, and you accomplished your vile purpose with savage and brutal violence." The prevalence of offences against young children had frequently been commented upon by both judges and juries, and had, not unnaturally, been regarded with alarm by the public. It would appear that there were men prowling about the streets like obscene beasts of prey ready to pounce upon children for the gratification of their unholy desires. It had, therefore, become necessary that the strongest measures should be taken to suppress such offences as that committed by prisoner. The law allowed the infliction of flogging, and if that law was not to be inoperative it would be difficult to conceive of a case in which flogging could be more appropriately inflicted than in the present instance. Some years ago, when the brutal crime of garrotting was prevalent in England, it had been found that flogging had been an effective deterrent. It might be that a similar effect would be obtained by ordering floggings in serious sexual cases in New Zealand. "It is, therefore," His Honor continued, "my intention in your case, and in all future cases of gross outrages upon young children, to inflict flogging in addition to imprisonment. I have listened to what your counsel has said with regard to your services as a soldier, and I have also examined your military records. I have, I think I can say, been anxious to discover something' which would offer .some palliation of your offence and induce me to moderate mv sentence. I regret to say I can find no Buch palliation. It would be an insult

to returned soldiers to lay down that the mere fact of a man having done his duty to hie country and having been wounded should bo taken as an excuse for such an offence. The vast majority of the soldiers who have displayed such unsurpassed oourage in the field and such good conduct off tlie field would bo the first to repudiate the suggestion. The sentence of the court is that you be imprisoned for 15 years and that, you recelvo one flogging of ten lashes with the cat o' nine tails."